Terms of Service

1. Introduction

Kismetic is operated by Kismetic Draws (ABN 59 725 607 669), a sole trader business based in Queensland, Australia ("Kismetic", "we", "us"). These Terms of Service govern your use of the Kismetic prize draw platform and services. By accessing or using Kismetic, you agree to be bound by these terms.

If you do not agree to these terms, please do not use our services. We reserve the right to modify these terms at any time, and your continued use of Kismetic constitutes acceptance of any changes.

2. Service Description

Kismetic provides a technology platform for conducting blockchain-verified fair raffles and prize draws. Our service utilises Chainlink VRF (Verifiable Random Function) technology to ensure cryptographically secure and tamper-proof winner selection.

Key Features:

• Standard draws: upload participant lists via CSV file
• Kismet draws: build the entrant list automatically from your own Stripe account through Stripe Connect
• Execute draws using Chainlink VRF on the Polygon blockchain
• Record a Merkle root of the entry list and a hash of each result on-chain
• Let participants in standard draws verify their entries on our results pages

Important Clarifications:

• Kismetic does not conduct or advertise raffles
• Kismetic does not sell entries or receive money from participants. For Kismet draws we read your Stripe purchase records to work out entries, but payments go to you, never to Kismetic
• Kismetic does not determine prize values, odds, rules, or entry conditions
• Kismetic provides only the technical infrastructure for verifiable random selection

3. Account Requirements

To use Kismetic, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Not create multiple accounts for the same entity
• Comply with all applicable Australian laws and regulations regarding raffles, lotteries, and prize draws

You are responsible for all activity conducted through your account. Notify us immediately if you suspect unauthorised access to your account.

4. Payment, Credits, Subscriptions & Refunds

Prices and GST: All prices are in Australian dollars. Kismetic is not currently registered for GST, so no GST is charged.

Draw Credits (Standard Draws): Standard (CSV) draws are paid for with credits. Each standard draw uses one credit when it is executed. Credits are sold as single credits or five-packs and cannot be used for Kismet draws. Credits do not expire and cannot be transferred to another account.

Credit Refunds:

• Within 30 days of purchase, you can ask for a refund of any unused credits. We refund the price you paid per credit ($29 for a single credit, $25 for each credit from a five-pack)
• After 30 days, we do not give change-of-mind refunds on unused credits. They stay in your account for future draws
• Credits used to execute a draw are not refundable, including because of who won
• If a draw fails to execute on the blockchain, the credit is returned to your account automatically

Kismet Subscriptions:

• Kismet draws are only available on a monthly subscription (Starter, Growth or Scale). Subscriptions renew automatically each month until cancelled
• Each plan includes a set number of Kismet draws per billing period, as shown on our pricing page. Unused draws do not carry over to the next period
• A subscription does not include credits for standard draws
• You can cancel at any time. Cancelling stops the next renewal, and your plan stays active until the end of the period you have paid for
• We do not give change-of-mind refunds or pro-rata credits for part of a billing period
• To change plans, cancel your current plan and subscribe to the new one after it ends
• Kismet draws require you to connect your Stripe account. If you disconnect it, Kismet draws cannot collect new entries

When We Get It Wrong:

• If a scheduled Kismet draw cannot run because of a problem on our side, such as a platform outage or a blockchain or VRF failure we cannot recover, we will refund that billing period or add an extra month to your plan, whichever you prefer
• If you are charged after cancelling because of our error, we will refund that charge in full

How to Ask for a Refund: Email support@kismetic.app with your account email and what the refund is for. We will acknowledge your request within 2 business days and process approved refunds within 14 business days, back to the original payment method.

Your Rights Under Australian Consumer Law: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this section limits your right to a remedy, including a refund, if our service has a major failure.

5. User Responsibilities

As a user of Kismetic, you are responsible for:

• Ensuring your raffle or prize draw complies with all applicable Australian federal, state, and territory laws, including gaming, charity, and fundraising laws
• Obtaining necessary permits or licences required for conducting raffles in your jurisdiction
• Providing accurate participant data and ensuring you have obtained all necessary consents to use and disclose participant information
• Telling participants, in your promotion terms or privacy notice, that their details will be shared with Kismetic to run the draw, and obtaining their consent where the law requires it. For Kismet draws this includes the purchase details we receive from your Stripe account
• Deciding how winners are announced and identified publicly, in line with your legal obligations and what participants have agreed to
• Fulfilling prize obligations to winners selected through our platform
• Not using our service for fraudulent, unlawful, deceptive, or misleading conduct
• Not using our service for raffles involving prohibited or illegal goods, weapons, drugs, adult content, or any content that violates Australian law
• Not attempting to manipulate, interfere with, or circumvent our draw execution process
• Not scraping, harvesting, or systematically extracting data from the Kismetic platform or its user interface for commercial purposes without Kismetic's express written permission
• Not representing, implying, or claiming that Kismetic or its draw system is certified, approved, or audited by OLGR or any other regulator
• Using the platform in accordance with fair use principles and not engaging in activity that may impair service availability for other users
• Complying with Australian Privacy Act 1988 (Cth) when handling participant data

What Goes on the Blockchain:

• When a draw runs, we write the draw ID, the number of winners and backups, a Merkle root of the entry list, the random number from Chainlink VRF and a hash of the result to the Polygon blockchain
• No names, email addresses, states or other personal information are written to the blockchain
• Blockchain records are public and permanent. They cannot be altered or deleted, by you or by us
• Winners and backup winners are shown to you in your dashboard. Backup winners are only revealed if you choose to reveal one

Kismetic provides the technology platform only. We are not responsible for the legality, administration, or outcome of your specific raffle or prize draw.

5.3 Scheduled Draw Timing

• A scheduled standard draw starts automatically at, or within about a minute after, its scheduled time. A Kismet draw starts when its entry window closes
• The entry list is locked in on the blockchain in the same transaction that requests the random number, so it cannot change once the draw has started
• Chainlink VRF usually returns the random number within a few minutes. Network congestion or outages can delay it (see section 6)
• The time each draw ran is recorded on the Polygon blockchain and can be checked on a block explorer such as PolygonScan or Blockscout
• You can request detailed execution records at any time by contacting support

6. Limitation of Liability

To the maximum extent permitted by Australian law:

• Kismetic is provided "as is" without warranties of any kind, express or implied
• We do not guarantee uninterrupted or error-free service
• Draw execution times may vary due to blockchain network conditions. Kismetic is not responsible for delays caused by network congestion, gas prices, validator behaviour, or blockchain outages
• To the extent permitted by law, our total liability for any claim shall not exceed the lesser of AUD $50 or the amount you paid for services in the 12 months prior to the claim
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• We are not responsible for blockchain network failures, smart contract bugs (though extensively tested), or third-party service interruptions

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

7. Gaming Law Responsibility and OLGR Compliance

Kismetic is not a gaming operator, raffle organiser, or promoter.

Kismetic does not conduct, manage, promote, advertise, or facilitate the sale of raffle tickets. All raffles and prize draws conducted using the platform are solely the responsibility of the user or entity running the raffle.

Your Compliance Obligations:

• You must ensure compliance with all applicable gaming and charity laws in your jurisdiction, including but not limited to the Charitable and Non-Profit Gaming Act 1999 (Qld), the Gaming Machine Act 1991 (Qld), and requirements of the Queensland Office of Liquor and Gaming Regulation (OLGR)
• You are responsible for obtaining all necessary permits, licences, and approvals required to conduct raffles in your jurisdiction
• You must comply with prize value limits, reporting requirements, and record-keeping obligations imposed by relevant regulators
• You are solely responsible for determining and complying with laws in other Australian states and territories if your raffle operates across jurisdictions

Kismetic provides verifiable, tamper-proof draw evidence through Chainlink VRF technology, which you may supply to regulators as part of your compliance obligations. However, Kismetic bears no responsibility for your regulatory compliance.

8. No Payment Handling

Kismetic does not process, hold or transmit any payments, entry fees or funds relating to your promotions or prize draws. All money involved in your promotion, including sales, entry fees and prizes, is your responsibility. For Kismet draws, we receive records of your Stripe sales and refunds so we can work out entries. The payments themselves stay between you, your customers and Stripe.

Draw credits and subscriptions are payment for use of the Kismetic software. They are not raffle tickets or gaming services.

9. No Regulatory Approval or Endorsement

Kismetic is a technology platform and does not require certification by OLGR or other gaming regulators. Regulatory approval, where required, applies to the raffle organiser, not the software provider.

Use of Kismetic does not constitute endorsement, approval, or certification by any government authority or gaming regulator. You are solely responsible for ensuring your raffle meets all regulatory requirements.

Kismetic provides verifiable, tamper-proof draw evidence through Chainlink VRF, which organisers may supply to regulators as part of their compliance obligations. This technical evidence is provided as-is and does not constitute legal or regulatory compliance advice.

10. No Legal Advice

Kismetic does not provide legal advice regarding the conduct of raffles, lotteries, or prize draws in any Australian jurisdiction. Laws vary significantly by state and territory.

You are strongly advised to consult with a qualified legal professional to ensure your raffle complies with all applicable laws before using our service. We make no representations regarding the legality of your specific use case.

11. Intellectual Property

All intellectual property rights in Kismetic, including but not limited to software, design, trademarks, logos, and content, are owned by or licensed to Kismetic.

You may not copy, modify, distribute, sell, or lease any part of our services or software without our express written permission. You may not reverse engineer or attempt to extract source code from our platform.

12. Termination

We reserve the right to suspend or terminate your account at any time if:

• You violate these Terms of Service
• You use our service for fraudulent or illegal purposes
• Your account poses a security risk to our platform or other users
• We are required to do so by law

Upon termination, you will lose access to your account and any unused draw credits (subject to applicable refund policy).

13. Dispute Resolution

We are committed to resolving any disputes fairly and efficiently. If you have a complaint or dispute:

Step 1: Direct Contact

First, contact us at support@kismetic.app with details of your complaint. We will acknowledge receipt within 2 business days and aim to resolve the matter within 14 days.

Step 2: Good Faith Negotiation

If the issue is not resolved through direct contact, both parties agree to engage in good faith negotiations for a period of 30 days before pursuing formal dispute resolution.

Step 3: Mediation

If negotiation fails, either party may refer the dispute to mediation through the Resolution Institute or another mutually agreed mediator. Both parties agree to participate in mediation in good faith. The costs of mediation shall be shared equally unless otherwise agreed.

Step 4: Legal Action

If the dispute cannot be resolved through the steps above, either party may commence legal proceedings. Both parties agree that any legal action must be brought in the courts of Queensland, Australia.

Exceptions:

• Either party may seek urgent injunctive or equitable relief at any time to protect intellectual property rights or prevent irreparable harm
• Small claims (under AUD $25,000) may be filed directly in the Queensland Civil and Administrative Tribunal (QCAT) or appropriate small claims court
• Nothing in this clause affects your statutory rights under Australian Consumer Law

14. Governing Law & Jurisdiction

These Terms of Service are governed by the laws of Queensland, Australia. Any disputes arising from these terms or your use of Kismetic shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

15. Changes to Terms

We may update these Terms of Service from time to time. When we make material changes, we will notify you via email and update the "Last Updated" date at the top of this page.

Your continued use of Kismetic after changes are posted constitutes acceptance of the updated terms. If you do not agree to the changes, you must stop using our service.

16. Indemnity

You agree to indemnify, defend, and hold harmless Kismetic, its officers, directors, employees, and agents from and against any and all claims, penalties, fines, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your conduct of a raffle or prize draw using the Kismetic platform
• Your failure to comply with gaming, charity, fundraising, or consumer protection laws
• Your misuse, unauthorised disclosure, or improper handling of participant data
• Your failure to tell participants, or obtain their consent where required, before sharing their personal information with Kismetic
• Any claims arising from how you announce or publish winners, including privacy complaints, participant disputes or allegations of inadequate consent
• Regulatory investigations or enforcement actions related to your raffle or prize draw
• Your breach of these Terms of Service
• Your violation of any third-party rights, including intellectual property rights or privacy rights

This indemnity obligation survives termination of your account and these Terms of Service.

17. Contact Information

If you have questions about these Terms of Service, please contact us: